How do you enforce a foreign judgment in Morocco?

You must file an exequatur application before the competent Moroccan court (Court of First Instance or Commercial Court, depending on the subject matter). The court verifies that the foreign judgment is final, that the foreign court had jurisdiction, that the judgment does not violate Moroccan public policy, and that the defendant was properly served. If the conditions are met, the court grants exequatur, and the judgment becomes enforceable through standard Moroccan enforcement procedures, garnishment, seizure, and judicial sale.

Can Moroccan courts grant provisional or conservative measures to support enforcement of a foreign judgment?

Yes. Under the 2026 reforms to the Code of Civil Procedure, Moroccan courts are now expressly authorised to order conservatory measures, including bank account freezes, attachments of movable and immovable property, and preservation orders, that are executable in Morocco. These measures can be obtained on an emergency ex parte basis where there is a genuine risk of asset dissipation, often within days of filing.

What changed in the 2026 reforms?

The 2026 Code of Civil Procedure, adopted on 11 February 2026 and published in the Bulletin Officiel on 23 February 2026, introduces a consolidated framework for international jurisdiction and enforcement. The key changes are: codified exequatur conditions aligned with international practice; express authorisation for Moroccan courts to order provisional and conservative measures in support of foreign proceedings; and streamlined procedural rules reducing ambiguity for foreign litigants.

What is the typical timeline and cost to seize assets in Morocco?

Provisional measures (asset freezes) can be obtained within days. Exequatur typically takes three to six months for straightforward cases. Full enforcement, including real property seizure and judicial sale, may require six to eighteen months. Costs vary depending on the complexity of the case, the number of assets targeted, and whether the debtor contests enforcement, but include court fees, counsel fees, translation and legalisation expenses, and judicial officer charges.

Can I enforce an arbitral award the same way?

Not exactly. Arbitral awards are enforced under a separate regime governed by Morocco’s arbitration legislation (based in part on the UNCITRAL Model Law). The exequatur procedure for arbitral awards shares some features with the foreign judgment enforcement process but has distinct requirements and often benefits from the New York Convention framework. Creditors holding arbitral awards should consult counsel on the applicable route.

Do Moroccan courts require reciprocity?

Reciprocity, whether the foreign country would enforce a Moroccan judgment, has historically been considered by Moroccan courts as a factor in exequatur proceedings. However, the 2026 reforms prioritise a codified set of admissibility conditions (finality, jurisdiction, public policy, service, and absence of contradictory judgments). Early indications suggest the practical significance of reciprocity as a standalone ground for refusal is likely to diminish under the new framework, particularly where the other admissibility conditions are clearly satisfied.

Can you enforce against assets held via third-country bank accounts or intermediaries?

Enforcement measures in Morocco are limited to assets located within Moroccan territory. If the debtor holds assets through a nominee, intermediary, or third-country bank account, the creditor must trace the assets to their Moroccan situs and demonstrate the debtor’s beneficial ownership. Garnishment orders can be served on Moroccan branches of international banks where the debtor maintains accounts. For assets held outside Morocco, separate enforcement proceedings in the relevant jurisdiction will be necessary.

Enforcement Of Foreign Judgments Morocco

Last updated: 14 May 2026

The enforcement of foreign judgments in Morocco has entered a new era following the adoption and publication of the reformed Code of Civil Procedure in the Bulletin Officiel in February 2026. For the first time, Moroccan law expressly consolidates the rules on international jurisdiction, recognition, and exequatur into a single modern framework, and, critically for creditors, authorises Moroccan courts to order provisional and conservative measures that are directly executable on Moroccan territory. This guide provides foreign investors, in-house counsel, and cross-border litigators with the step-by-step roadmap they need: from assembling documents and filing for exequatur, through obtaining urgent asset freezes, to seizing and recovering assets against companies and individuals in Morocco.

Executive Summary: Quick Answer and What Readers Need to Do Now

Yes, foreign judgments can be enforced in Morocco, but only after obtaining an exequatur (a Moroccan court order recognising the foreign judgment and authorising its enforcement). The 2026 reforms do not eliminate this requirement, but they streamline it, clarify the grounds for recognition and refusal, and add powerful new provisional-measure tools for judgment creditors.

If you hold a foreign judgment and need to enforce it against assets or a debtor in Morocco, the immediate action steps are:

Instruct Moroccan counsel immediately. Exequatur proceedings require local representation, and early engagement allows your lawyer to begin asset tracing and assess whether emergency relief is warranted.
Conduct an asset search. Identify the debtor’s Moroccan assets, bank accounts, real property, receivables, shares, and registered movable property, before filing.
Decide: exequatur or new proceeding. In some cases, filing a fresh action in Morocco may be faster or tactically preferable. Your counsel should evaluate both routes.
Apply for provisional measures if urgency exists. Under the 2026 reforms, Moroccan courts can now grant conservatory attachments and freezing orders even before exequatur is obtained, a critical change for creditors facing asset-dissipation risk.
Authenticate and translate all documents. Ensure the foreign judgment, proof of service, and jurisdictional certificates are legalised or apostilled and translated into Arabic by a certified translator.

The sections below walk through each of these steps in detail, with checklists, timelines, and practical warnings drawn from experienced enforcement practice in Morocco.

What Changed in 2026: Legislative Summary and Practical Consequences for Foreign Judgment Enforcement

Morocco’s new Code of Civil Procedure was adopted on 11 February 2026 and published in the Bulletin Officiel on 23 February 2026. Press coverage indicates the new code is expected to enter full force on 24 August 2026, six months after its official publication. The reform replaces the piecemeal provisions of the 1974 Code with a consolidated framework addressing international jurisdiction, the recognition and enforcement of foreign judgments, and, for the first time in express statutory terms, Moroccan courts’ power to order provisional and conservative measures intended to be executed within Morocco.

Industry observers expect these changes to materially reduce uncertainty for foreign investors seeking enforcement in Morocco. The prior framework was criticised for its fragmented structure, outdated procedural rules, and silence on key questions, particularly whether Moroccan courts could grant interim relief in support of a foreign proceeding. The 2026 reforms address each of these gaps.

Key Reform Point	Prior Position	Practical Effect (2026)
Consolidated international jurisdiction rules	Scattered across the 1974 Code and case law; inconsistent application	Single statutory framework for determining when Moroccan courts have jurisdiction over cross-border disputes, clearer for both claimants and defendants
Recognition and exequatur procedure	General provisions; limited statutory guidance on grounds for refusal	Codified admissibility requirements and refusal grounds aligned with international norms (finality, jurisdiction, public policy, service, no contradictory judgments)
Provisional / conservative measures	No express statutory authorisation for Moroccan courts to order conservatory measures executable in Morocco in support of foreign proceedings	Moroccan courts may now grant attachments, freezing orders, and preservation measures directly, a critical tool for preventing asset dissipation before exequatur
Bilateral treaties and reciprocity	Morocco party to several bilateral judicial cooperation agreements (e.g., with France, Spain, Italy); reciprocity applied case-by-case	Treaty-based enforcement continues under streamlined rules; non-treaty enforcement remains available subject to the reformed exequatur conditions

Effective Date and Scope

The new code applies to all civil and commercial proceedings, including enforcement of foreign judgments in Morocco. As reported by SNRT News and confirmed in the Bulletin Officiel, the provisions governing international jurisdiction and recognition of foreign decisions form a distinct title within the code, ensuring they are easily identifiable and self-contained. Proceedings already pending at the date of entry into force are generally expected to be governed by the procedural rules in effect at the time of filing, although transitional provisions should be reviewed with Moroccan counsel on a case-by-case basis.

How Recognition and Enforcement (Exequatur) Works in Morocco, Step by Step

To enforce a foreign judgment in Morocco, you must obtain an exequatur, a judicial order from a competent Moroccan court declaring the foreign decision enforceable on Moroccan territory. The exequatur proceeding is not a review of the merits of the underlying dispute. Instead, the Moroccan court examines whether the foreign judgment meets a defined set of formal and substantive conditions.

The typical procedural flow is as follows:

Verify admissibility. Before filing, confirm that the foreign judgment satisfies the core conditions: it must be final and binding in the country of origin; the foreign court must have had jurisdiction under Moroccan private international law rules; the judgment must not violate Moroccan public policy; the defendant must have been properly served and given an opportunity to defend; and no contradictory Moroccan judgment on the same subject matter exists.
Assemble and authenticate documents. The exequatur application must be supported by a complete documentary file (see checklist below).
File the application. Depending on the subject matter, the exequatur application is filed before the Court of First Instance (Tribunal de Première Instance) or the Commercial Court (Tribunal de Commerce). Commercial disputes involving enforcement against a company in Morocco are typically assigned to the Commercial Court.
Serve the respondent. The debtor must be served with the exequatur application and given the opportunity to oppose it. Service must comply with Moroccan procedural rules, which may involve a judicial officer (huissier de justice).
Attend the hearing. The court examines the file, hears the parties, and may request additional documentation or expert opinions (for example, on the content of foreign law).
Obtain the exequatur order. If the conditions are met, the court grants exequatur. The foreign judgment then has the same enforceability as a Moroccan judgment, and standard enforcement procedures, seizure, garnishment, judicial sale, can proceed.

Documents Checklist for Exequatur in Morocco

Document	Format Requirements	Notes
Certified copy of the foreign judgment	Authenticated by the issuing court; legalised or apostilled	Must include the operative part (dispositif) and the court’s reasoning
Certificate of finality / enforceability	Issued by the foreign court or competent authority	Confirms the judgment is final, binding, and not subject to ordinary appeal
Proof of service on the defendant	Original or certified copy	Must demonstrate the defendant was duly notified and had the opportunity to appear
Certified Arabic translation of all documents	Performed by a certified sworn translator recognised by Moroccan courts	Courts will not accept unofficial or machine translations
Power of attorney for Moroccan counsel	Legalised or apostilled	Required for counsel to file on behalf of the foreign creditor
Proof of jurisdiction of the foreign court	Statement of jurisdictional basis or copy of the relevant procedural order	May include the parties’ agreement on jurisdiction, if applicable

Common Refusal Grounds and How to Rebut Them

Moroccan courts may refuse exequatur on several grounds. Understanding and pre-emptively addressing these risks is essential to a successful enforcement of foreign judgments in Morocco:

Lack of finality. The judgment must be res judicata in the country of origin. Rebuttal: obtain and file a certificate of finality from the foreign court confirming no ordinary appeal is pending or available.
Incompetence of the foreign court. The foreign court’s jurisdiction must be accepted under Moroccan private international law rules. Rebuttal: provide evidence that the jurisdictional basis (e.g., defendant’s domicile, contractual forum clause) is recognised by Moroccan law.
Violation of Moroccan public policy (ordre public). This is assessed narrowly, focusing on the result of the judgment rather than the foreign procedural rules applied. Rebuttal: demonstrate that the outcome does not offend fundamental Moroccan legal principles.
Defective service. The defendant must have been properly notified. Rebuttal: file original service receipts and proof of compliance with the Hague Service Convention or applicable bilateral treaty.
Existence of a contradictory Moroccan judgment. If a Moroccan court has already ruled on the same dispute between the same parties, exequatur will be refused. Rebuttal: confirm through a search of Moroccan court records that no conflicting judgment exists.
Subject-matter restriction. Certain matters (notably those relating to personal status governed by Moroccan law, real property situated in Morocco, or matters falling under exclusive Moroccan jurisdiction) may not be enforceable via exequatur. Rebuttal: ensure the foreign judgment does not encroach on areas of exclusive Moroccan jurisdiction.

Provisional and Conservative Measures in Morocco Under the 2026 Rules

One of the most significant changes introduced by the 2026 reforms is the express statutory authorisation for Moroccan courts to order provisional and conservative measures, commonly referred to as conservatory measures, that are directly executable in Morocco. This is a critical development for creditors concerned about asset dissipation during the months it takes to obtain exequatur.

Provisional measures in Morocco typically include:

Conservatory attachment (saisie conservatoire). Freezing bank accounts, receivables, securities, or movable assets pending resolution of the underlying claim.
Attachment of real property (inscription d’hypothèque judiciaire provisoire). Securing an interest against immovable assets to prevent their sale or transfer.
Injunctions. Court orders prohibiting specific actions (e.g., transferring shares, removing goods from Moroccan territory).
Preservation orders. Directing the safekeeping of disputed goods or documents.

Under the 2026 framework, the applicant must demonstrate a prima facie claim (credible evidence supporting the existence and enforceability of the foreign judgment) and a genuine risk that enforcement will be frustrated if measures are not granted urgently. The evidentiary threshold is lower than for final enforcement, the court does not assess the merits in depth but evaluates whether the claim is sufficiently serious and the risk of dissipation is real.

Emergency Ex Parte Applications: What to Include

Where the situation is genuinely urgent, for example, where there are concrete indications that a debtor is liquidating bank accounts or transferring assets, the creditor may apply ex parte (without prior notice to the debtor) before the president of the competent court sitting as judge of urgent matters (juge des référés). An effective ex parte application should include:

A certified copy of the foreign judgment (with sworn Arabic translation).
Evidence of urgency and risk of asset dissipation (bank statements showing declining balances, transfer instructions, debtor correspondence, or third-party intelligence reports).
Identification of the specific assets to be frozen or preserved, with as much detail as possible (bank name and branch, property registration references, company registration numbers).
A draft order for the court to sign, specifying the measures sought.
A statement of willingness to post security or a bond, if required by the court to protect the debtor in case the measures are later found to be unjustified.

The likely practical effect of the 2026 reforms is that ex parte conservatory attachments can be obtained within days of filing, compared to the months required for exequatur. This gives creditors a meaningful window to protect their position.

From Provisional to Final Enforcement: Converting Measures

Conservatory measures are inherently temporary. Once exequatur is granted, or if the creditor obtains a fresh Moroccan judgment, the provisional measures must be converted into enforcement measures. In practice, this means the conservatory attachment over a bank account becomes a definitive garnishment, and the provisional inscription on real property converts to a full enforcement lien. Failure to pursue the underlying exequatur proceeding within the statutory time limits may result in the provisional measures being lifted, with potential liability for the creditor. Moroccan counsel should establish a clear litigation timeline at the outset to avoid this risk.

Practical Enforcement: Seizing and Recovering Assets in Morocco (Companies and Individuals)

Once an exequatur order is obtained, the foreign judgment has the same enforceability as a domestic Moroccan judgment. The creditor can then proceed to seize assets using the full range of enforcement tools available under Moroccan law. Knowing how to seize assets in Morocco, and the tactical differences between enforcement against companies versus individuals, is essential for an effective recovery.

Step 1: Asset intelligence and pre-litigation tracing. Before initiating enforcement, the creditor should invest in identifying the debtor’s Moroccan assets. This may involve searches of the land registry (Conservation Foncière), the commercial register (Registre du Commerce), bank inquiries (through court orders once proceedings are underway), and, where appropriate, private investigation. Early asset tracing informs the choice of provisional measures and prevents wasted enforcement efforts against an asset-light debtor.

Step 2: Using provisional measures to freeze assets. As described above, conservatory attachments can freeze bank accounts, receivables, securities, and registered movable assets. For real property, a provisional judicial mortgage can be registered to prevent sale or transfer. These measures should be sought as early as possible, ideally before the debtor becomes aware of the enforcement proceedings.

Step 3: Enforcement against companies. Where the judgment debtor is a company incorporated or operating in Morocco, enforcement targets the company’s own assets. To enforce a judgment against a company in Morocco, creditors should note that Moroccan law generally respects corporate separateness, a judgment against a parent company cannot automatically be enforced against a Moroccan subsidiary’s assets. Piercing the corporate veil requires a separate showing that the subsidiary is a mere façade or that the corporate form has been abused. This is a fact-intensive inquiry that should be evaluated with Moroccan counsel at the pre-filing stage.

Step 4: Enforcement methods. The principal enforcement methods under Moroccan law include:

Asset Type	Typical Seizure Method	Practical Consideration
Bank accounts	Garnishment order (saisie-arrêt) served on the bank	Effective and fast; the bank must freeze the account upon receipt of the order. Debtor may challenge the seizure.
Receivables and securities	Garnishment of third-party debts; attachment of securities held by custodians	Requires identification of the third-party debtor or custodian. Court order specifying the receivable or securities is essential.
Real property	Seizure and judicial sale (saisie immobilière)	Longer process (6–18 months from seizure to sale); requires registration of the seizure at the Conservation Foncière. Sale proceeds distributed to creditors by court order.
Movable assets (vehicles, equipment, inventory)	Seizure by judicial officer and subsequent public auction	Physical access required; debtor may attempt to relocate or conceal assets. Apply for conservatory attachment early.
Shares in Moroccan companies	Attachment and forced sale of shares; notification to the company	Valuation may be required. Minority-share sales can be complex if the company’s articles restrict transfers.

Step 5: Cross-border enforcement considerations. Morocco is party to several bilateral judicial cooperation agreements, notably with France, Spain, Italy, and other Francophone and Arab League states, which may simplify enforcement or provide reciprocal recognition routes. Where no treaty exists, the exequatur procedure under the reformed Code applies in full. The question of reciprocity (whether the foreign country would enforce a Moroccan judgment) has traditionally been considered by Moroccan courts, although the 2026 reforms are expected to reduce its practical significance in favour of the codified admissibility conditions.

Step 6: Instructing local bailiffs and counsel. All physical enforcement acts, service of seizure orders, inventory of movable assets, supervision of judicial sales, must be carried out by a licensed judicial officer (huissier de justice). Creditors should instruct their Moroccan counsel to coordinate closely with the huissier to ensure strict compliance with procedural formalities, as any irregularity may provide grounds for the debtor to challenge the seizure.

Timeline, Costs, and Likely Procedural Traps

Realistic timeline expectations are essential for any creditor planning the enforcement of foreign judgments in Morocco. While every case is different, the following ranges reflect current practice:

Provisional / conservatory relief: Ex parte applications can be determined within days. Contested applications before the juge des référés typically take two to four weeks.
Exequatur proceedings: From filing to judgment, expect three to six months for straightforward cases. Complex disputes, particularly those involving challenges to the foreign court’s jurisdiction or public-policy arguments, may take nine to twelve months or longer.
Enforcement and asset recovery: Bank garnishment can be effective within days of the exequatur order. Real property seizures and judicial sales typically require six to eighteen months. Movable-asset seizures fall in between.

Typical cost ranges include court filing fees (generally modest by international standards), counsel retainer and hourly fees, certified translation and legalisation costs, and judicial officer fees for service and enforcement acts. Creditors should also budget for potential security or bond requirements in connection with provisional measures, and for the costs of asset tracing. The total cost of enforcement will depend heavily on the complexity of the case and the nature of the assets targeted.

Procedural traps to watch for: The limitation period for enforcement must be monitored, failing to act within the prescribed period can extinguish the right to enforce. Parallel proceedings (where the debtor files a competing action in Morocco or challenges the foreign judgment’s finality) can delay enforcement significantly. Early and proactive coordination with Moroccan counsel is the most effective mitigation.

Practical Checklist and Sample Documents

The following checklist summarises the key steps for enforcement of foreign judgments in Morocco. It is designed for use by in-house counsel and foreign law firms instructing Moroccan practitioners:

Instruct Moroccan counsel, Engage a licensed Moroccan lawyer with cross-border enforcement experience. Provide a complete copy of the foreign judgment and all supporting materials.
Conduct asset tracing, Commission searches of the land registry, commercial register, and other public records. Obtain court-authorised bank inquiries if available.
Assess need for provisional measures, If urgency exists, prepare an ex parte conservatory attachment application immediately (see emergency application checklist above).
Authenticate and translate all documents, Legalise or apostille the foreign judgment, certificate of finality, proof of service, and power of attorney. Obtain certified Arabic translations.
File the exequatur application, Submit to the competent Court of First Instance or Commercial Court with the full documentary file.
Monitor and enforce, Upon obtaining exequatur, instruct the judicial officer to serve seizure orders. Convert provisional measures to definitive enforcement. Pursue judicial sale where necessary.

Downloadable sample documents, including a provisional-measures application template, a document authentication checklist, and an exequatur filing checklist, are being prepared for publication as companion resources to this guide.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Rachid Benzakour at Benzakour Law Firm, a member of the Global Law Experts network.